How to Protect Your Invention From Theft When Pitching It (2024)

Provisional patent applications and nondisclosure agreements are two important strategies for safeguarding your rights.

Imagine that you have developed a potentially marketable invention. What do you do next? You are faced with a dilemma. To make money from the invention, you must ordinarily license the invention to another business, often a manufacturer or distributor, who will invest in mass producing, advertising, and selling it. But in pitching the invention to potential licensees, you run the risk of disclosing so much information that the invention might be stolen or no longer be protected by law.

Put differently, the company to which you are pitching your idea could turn around and steal it, without paying you any royalties.

So how can you shop your invention around without jeopardizing your rights? To protect your interests, consider two common strategies employed by inventors, amateur and professional alike. First, you can file a provisional patent application (if your invention is patentable). Second, you can use a nondisclosure agreement (regardless of whether it is patentable).

(Remember that inventors do not always need to license their invention in order to make money. To learn more about another option for making money from your invention, manufacturing and marketing the invention yourself, see Should You License or Manufacture Your Invention?).

Filing a Provisional Patent Application

If your invention potentially qualifies for a patent, it may be worth your while to file a provisional patent application (as of 2018, $65 for micro-entities) and obtain "patent pending" status. Most often, this will deter infringers, because they will see that you are serious in protecting your legal rights.

For more information on filing a provisional patent application, see Basics of Provisional Patent Applications. Or, prepare and file a provisional patent application online, with Nolo's easy-to-use Online Provisional Patent Application.

Using Nondisclosure Agreements

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

The agreement must be signed before you meet with the potential buyer or licencee and thus before you disclose any secrets. If someone signs a nondisclosure agreement and later uses your secret without authorization, you can sue for damages. The NDA is a contract like any other, and if the company breaches, you can seek a finding of liability and contractual damages.

Nondisclosure agreements vary in format. Typically, they contain these important elements:

  • a definition of what is and what is not confidential information
  • obligations of the party receiving confidential information, and
  • applicable time periods.

An NDA might also provide for arbitration of any dispute, since arbitration is a confidential process. If you were forced to sue in standard litigation, you might be forced to further reveal your secrets in open court.

Defining confidential information. Every nondisclosure agreement provides a definition of confidential information or trade secrets. Every nondisclosure agreement also specifically excludes some information from protection, meaning that the receiving party has no obligation to protect that information. Information is not protected if it was created or discovered before or independent of any involvement with you. Generally, not every single topic you discuss in a pitch meeting will be confidential; only the information specific to your invention or method would qualify under the NDA.

Obligations of the party receiving the confidential information. The person or company you are sharing confidential information with must, in most situations, hold the information in confidence and limit its use. Under most state laws, the receiving party cannot breach the confidential relationship, induce others to breach it, or induce others to acquire the confidential information by improper means. The majority of companies accept these obligations without discussion. If you enter into a mutual nondisclosure agreement (where you also agree to keep information confidential), you should also feel comfortable with these requirements.

Applicable time periods. How long must the information be kept confidential? This issue is often a subject of negotiation. Disclosing parties want a long period, while receiving parties likely want a short one. Five years is a common length in the United States, although many companies insist on no more than two or three years. In Europe, it is not unusual for the period to be as long as ten years. Ultimately, the result depends on the relative bargaining power of the parties.

One factor in negotiations may be the shelf life of your idea. Ask yourself:

  • How long will it be before others stumble upon the same innovation?
  • If the product were licensed in the next year or two, how long would it be before the "secret" would be figured out by competitors?

If the answer to these questions is only a few years, then you are unlikely to be damaged by a shorter (two- to three-year) period.

One more warning: If scheduling a meeting with a potential licensee that refuses to sign a nondisclosure agreement, this should raise some red flags. It is fairly common for manufacturers and distributors to sign such agreements, as long as their terms are reasonable. If you are dealing with someone who refuses, that might raise questions about their motives.

Disclosing Without an Agreement

It is always safest to get a prospective licensee to sign a nondisclosure agreement, but you may not always be able to convince the person or company to do so. When that happens, you are left in a somewhat vulnerable position. If you disclose crucial information without the agreement, you risk losing your rights to the invention (as well as the ability to file a patent if it is considered a "public disclosure under new "first-to-file" rules). If you don't disclose it, you risk losing a business opportunity.

Probably the most important factor to consider is the reputation of the person or company you're dealing with. If the company has a poor reputation, the dangers of losing your secrets outweigh the business opportunity.

How Intellectual Property Law Applies to Inventions

Under trade secret law, if you reveal your secret to the public, you lose your rights to the secret. In other words, once you've disclosed the secret, you can no longer claim that you own exclusive rights to it.

Under the first-to-file patent law, if you disclose details of an invention to the public before filing for a patent, the invention will no longer be patentable, meaning anyone can use it. If you have filed a provisional patent application, you may make public disclosures (though this is not recommended), provided you file a regular patent application within one year.

If you decide to go ahead and disclose, proceed cautiously. Here are some tips:

Disclose "around" the secret. A licensee is primarily concerned with two questions about your invention: (i) What does it do? and (ii) Is it likely to be profitable? Try to determine whether there is a way to present your invention and an estimate of its costs without disclosing the actual trade secrets. If you can give a company this information, it may be enticed enough to enter into a nondisclosure agreement.

Establish a confidential relationship. A confidential relationship can, in some cases, be established without a signed agreement. An "implied" confidential relationship occurs when the conduct of the parties indicates that they intended to create one. An implied confidential relationship gives you legal rights similar to those created by a written agreement, but it is always more difficult to prove that an implied relationship existed.

A confidential relationship can be implied if certain factors are present:

  • The person to whom you gave confidential information solicited the idea from you; you did not send it without prompting.
  • You indicated that the invention was a business proposition and you hoped for payment.
  • At the time of disclosure, you requested that the information be kept secret, and
  • The information is a trade secret because it has commercial value and is not known by competitors.

To learn more about nondisclosure agreements and other aspects of intellectual property law, get Patent It Yourself by David Pressman (Nolo).

How to Protect Your Invention From Theft When Pitching It (2024)

FAQs

How to Protect Your Invention From Theft When Pitching It? ›

To protect your interests, consider two common strategies employed by inventors, amateur and professional alike. First, you can file a provisional patent application (if your invention is patentable). Second, you can use a nondisclosure agreement (regardless of whether it is patentable).

How do you pitch an idea without getting it stolen? ›

Here are some practical steps to help you deal with this issue.
  1. Keep your idea secret before the pitch. ...
  2. Be careful selecting companies to pitch to. ...
  3. Reveal only what you must and nothing more. ...
  4. Create and document an extensive paper trail. ...
  5. Think about confidentiality. ...
  6. How to pitch an idea.

How do I protect my invention from being copied? ›

To officially protect your Intellectual Property (IP) your three options include registering a Trademark, registering your designs and applying for a patent.
  1. Protect Your Brand With a Trademark. ...
  2. Protect Your Brand With a Registered Mark. ...
  3. Protect Your Brand With a Patent.
Feb 13, 2023

How do inventors secure their inventions? ›

A patent protects an invention by allowing its inventor — or the group who owns the patent — control over who may use the invention. Patent applications are adjudicated by the United States Patent and Trademark Office (USPTO) and are valid for 20 years.

Should I patent my idea before pitching? ›

You Should File a Patent Application Before You Pitch to Investors. As discussed above, you start to forfeit important patent rights when you make a public disclosure, public use, or offer for sale of your technology.

Can a company steal your idea if you pitch it? ›

But in pitching the invention to potential licensees, you run the risk of disclosing so much information that the invention might be stolen or no longer be protected by law. Put differently, the company to which you are pitching your idea could turn around and steal it, without paying you any royalties.

Can someone steal my idea if I have a patent pending? ›

As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission. If this happens, they are infringing on your patent, assuming it gets issued.

What happens if someone steals your invention? ›

The bottom line: If a thief steals and patents your invention, you can sue the thief and have ownership of the patent transferred to you.

How can I protect my design legally? ›

Design patents can protect the design of a wide range of products, from cars to computers. Once your design patent application receives approval, you will have rights to your design for 14 years and will be able to stop other people from copying your design.

How much does it cost to patent an idea? ›

Need Help? A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Can I sell my invention without a patent? ›

No. You are not required to obtain a patent in order to sell a product or service embodying your invention. Many products and services are sold that are not patented. A U.S. patent provides the right to stop others from making marketing, selling, or importing your invention in the United States.

How do you pitch an invention idea? ›

A product pitch for an invention should include:
  1. Beginning statement: Hook your audience with an engaging opening line. ...
  2. The problem: Talk about the issue your innovation solves for your customer profile. ...
  3. A connection: Earn their trust by showing that you've done your research.
Mar 8, 2023

Who can I trust with my invention idea? ›

It could be your inner circle of friends and family that you want to ask of their opinions about your idea. If you're considering filing for a patent or other intellectual property, you may want to hire a professional patent attorney or agent.

How do I protect my pitch deck? ›

Use Non-Disclosure Agreements (NDAs)

An NDA is a common way to protect confidential information, and it can be useful for protecting your pitch deck as well. You can ask investors, potential partners, or anyone else you share your pitch deck with to sign an NDA before you share your pitch deck.

Should I patent or publish first? ›

Once the invention becomes public, competitors may find ways to improve the invention and file a patent based on those improvements! Therefore, scientists must ensure they file a patent application first and then publish it in an academic journal.

How long does a patent last? ›

154 to provide that the term of a patent (other than a design patent) begins on the date the patent issues and ends on the date that is twenty years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application ...

What's to stop an investor from stealing your business idea? ›

Patents are necessary to protect your invention and keep it from being stolen and replicated. To enforce a patent and take down anyone stealing your idea, you'll need this legal registration in your IP portfolio.

What is considered stealing an idea? ›

What is Plagiarism? to steal and pass off (the ideas or words of another) as one's own • to use (another's production) without crediting the source • to commit literary theft • to present as new and original an idea or product derived from an existing source. In other words, plagiarism is an act of fraud.

Is it worth it to patent an idea? ›

If you're planning to manufacture and sell your product yourself, a patent can help you justify your investment in design, production, and marketing. If you are manufacturing and selling your product yourself, a patent can give you a comfortable of lead time over those who might knock of" your product.

How long does a patent protect your idea? ›

A U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.

Can I sell my product while patent is pending? ›

Patents that have been filed but not yet approved have patent pending status. You can use your pending patent to make, sell, and license the product during this time. Patent pending is the term used to describe a patent application that has been filed with the patent office, but has not issued as a patent.

What is a poor man's patent? ›

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

Can the government take your invention? ›

The federal government is under no obligation to compensate an inventor for his or her creation. However, some may attempt to sue the government for compensation or damages. It is then up to the court to determine if the case is valid and if anything should be provided to the owner of the patent.

Who owns the rights to an invention? ›

The inventor owns the rights to the invention unless the inventor assigns the invention to a company. Typically, engineers would assign their inventions to their company as a condition for employment. With a start-up, the founder may hold the patent rights personally.

Can you sue someone for stealing your design? ›

“People take, right? But you can't sue them over it unless you've registered with the copyright office,” says Lehman. If you're concerned someone may infringe upon your original work, the best way to protect your rights is to register with the copyright office.

Do I own the rights to my design? ›

Copyright law assigns ownership of a piece of work to the person who actually created the work. That means it automatically belongs to the designer. Any change to that ownership depends on the terms set out in your contract.

What can a designer legally do if someone copies their design without permission? ›

In a case of copyright infringement, if a designer sold a copyrighted image to a client, the legal owner of the image will have to take legal action against the client. The client can then take legal action against the designer for providing this image in the first place. Your lawyer can be your hero.

How much does the average patent sell for? ›

The licensee will then produce and sell the product, making you money. A patent's sale price depends on its value. The value of a patent will vary depending on its complexity. A simple utility patent will cost around $1,000, while a highly competitive patent can cost up to $15,000 or more.

Does a poor man's patent hold up in court? ›

This rumor gets passed around a lot, but it's sadly false. United States copyright law offers no official protection for a poor man's copyright. While you might be able to prove that you created it first, you need to be the first to file in order to get full protection.

Can I sell my idea for an invention? ›

If you happen to find a manufacturer that is interested in your invention, there are usually two options. You can sell your invention idea, or you can outright sell the invention itself for one large lump sum as compensation for your idea. The second option is to enter a licensing agreement.

What inventions Cannot be patented? ›

What cannot be patented?
  • a discovery, scientific theory or mathematical method,
  • an aesthetic creation,
  • a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,
  • a presentation of information,
Jan 4, 2023

What inventions can not be patented? ›

(m) Mental act, rule or method is not an invention.

Explanation- playing a game such as chess, sudoku etc are not considered as inventions rather these are mere brain exercises and hence are not patented.

Do patent inventors get royalties? ›

Royalties on patents allow the person paying the royalty to use the invention of the patent owner. A patent owner has the right to prevent other people from using their invention, and they also have the ability to license their invention for a fee known as a royalty.

Where do you submit invention ideas? ›

21 Companies that buy invention ideas
  • New Soda. New Soda makes kitchen gadgets and accepts people's ideas for new products. ...
  • Invention City. There is no restriction regarding the product category in Invention City. ...
  • Henkel. ...
  • FastCap. ...
  • Idea Buyer. ...
  • Nokia. ...
  • Bosch. ...
  • Dorman Products.
Mar 23, 2023

How do I bring my invention to the market? ›

How to bring a product to market
  1. Evaluate your idea. ...
  2. Develop a high-quality prototype. ...
  3. Visit government websites to access PPA information. ...
  4. Find the right market. ...
  5. Evaluate the cost of manufacturing. ...
  6. Make revisions to improve your product. ...
  7. Design and create marketing materials. ...
  8. Contact the right companies.
Jun 24, 2022

Should I license my invention? ›

Licensing or assigning rights to your invention is likely to be a simpler, less expensive route than manufacturing and selling it. Licensing or assigning your invention is often preferable for inventors who want to make money, but care primarily about innovating and spending time in the office or lab.

Does Amazon accept invention ideas? ›

Amazon.com does not accept any legal obligation (whether of confidentiality, compensation, return or otherwise) with respect to any ideas, proposals, concepts, suggestions or materials submitted to us unless we agree to such obligations in a signed document.

How do I know if my idea is patentable? ›

A patentable invention must also be:
  1. Novel.
  2. Non-obvious.
  3. Adequately described or enabled (for one of ordinary skill in the art to make and use the invention)
  4. Claimed by the inventor in clear and definite terms.
Jul 7, 2016

How can I legally protect my idea? ›

To protect your invention, you must apply for a patent. Unlike copyrights, there is no such thing as an automatic patent. Obtaining a patent can be slow and costly, taking up to 2 years and costing thousands of dollars.

How do I protect my startup idea? ›

How to legally protect your business idea
  1. Register your intellectual property (IP) portfolio.
  2. Monitor for infringements of your protected business ideas.
  3. Enforce IP ownership and take down infringements.
  4. Employ a brand protection software.

Can someone legally steal your idea? ›

Under US Copyright law, you cannot sue if someone stole your idea. Copyright law does not protect ideas. It only protects the expression of that idea. So the first thing you need to do is to fix your work in a tangible medium of expression (e.g., saving your work in Microsoft Word).

Can an angel investor steal my idea? ›

Most investors that you will be pitching to, like for example accredited investors, institutionalized investors like venture capital or angel investors that are well-known in the industry – those kinds of investors aren't there to steal your idea. That's not what they do.

What happens if someone patents your idea? ›

It is perfectly legal in the United States to choose to let your invention go unused for the entire period of the patent. If someone uses your invention without your permission, you are entitled to stop their use of the invention by seeking a legal injunction in Federal court.

Can I sell my idea without a patent? ›

No. You are not required to obtain a patent in order to sell a product or service embodying your invention. Many products and services are sold that are not patented. A U.S. patent provides the right to stop others from making marketing, selling, or importing your invention in the United States.

What are the biggest mistakes first time entrepreneurs make? ›

Here are nine common mistakes that any entrepreneur should avoid in starting a new business:
  • Failure to plan. ...
  • All talk, no action. ...
  • Never asking for help. ...
  • Impatience. ...
  • Hiring friends. ...
  • Forgetting about the customer. ...
  • Fearing theft. ...
  • Lacking sales ability.

How do I trademark my idea? ›

How To Trademark An Idea: Everything You Need to Know
  1. Step 1: Search Existing Trademarks. ...
  2. Step 2: Draw the Trademark. ...
  3. Step 3: Decide the Basis for Filing. ...
  4. Step 4: File the Application Online. ...
  5. Step 5: Track Application Status. ...
  6. Step 6: Keep Ownership of Your Patent.

What are the 4 ways of protecting business innovation? ›

There are four main types of business ideas protection: Patent, trademark, copyright and design registered.

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